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The Unofficial Kerry for President Blog!

Sunday, October 30, 2005

(AP Photo/Lisa Poole)John Kerry, applaudes Congressman John Lewis, of Georgia, as Lewis takes the podium to speak to a crowd today at the First Church in the Roxbury neighborhood of Boston.

Hundreds of people "gathered in Boston this afternoon to re-enact a march that Martin Luther King led 40 years ago to protest school segregation in the city."

In April of 1965, King led marchers on a three-mile walk that ended with a rally on Boston Common. Later that year, the state Legislature passed a measure outlawing racially imbalanced schools.

Today's march was led by Congressman John Lewis of Georgia. As chairman of the Student Nonviolent Coordinating Committee, Lewis was one of the most prominent figures of the civil rights movement during the 1960s.

The event started at First Church in Roxbury and featured speeches by Senator John Kerry, Boston Mayor Thomas Menino and gubernatorial candidate Deval Patrick.

The march also is designed to commemorate the 40th anniversary of King's historic march from Selma to Montgomery, Alabama, to protest voting restrictions for blacks.

John Kerry sent out an email (hat tip to Whometense on DU)to his MA supporters earlier in the week asking them to join him on the march and said "The best way we can celebrate Rosa Parks' life and legacy is by acting on the courage of our convictions and holding our government accountable whenever our ideals of equality, freedom and justice are endangered."

There were adequate provisions in the Indian Penal Code Sections 323, 324, 325 and 326 for use against anyone who assaults a woman or causes her injury.

In spite of this, The Indian Penal Code was amended twice during the 1980s — first in 1983 and again in 1986 — to define special categories of crimes dealing with marital violence and abuse In 1983, Section 498A of the IPC defined a new cognizable offense, namely, “cruelty by husband or relatives of husband”.

This means that under this law the Indian police have no option but to take action, arrest, once such a complaint is registered by the victim or any of her relatives. The due process of law prescribes that the "..accused is innocent unless proven guilty..". However in this case the accused is immediately arrested. His image in society is tarnished. His parents and sisters who can also be named in the complaint, are also arrested or harassed..

Sec. 498A of Indian Penal Code prescribes imprisonment for a term which may extend to three years and also includes a fine. The definition of cruelty is not just confined to causing grave injury, bodily harm, or danger to life, limb or physical health, but also includes mental health, harassment and emotional torture through verbal abuse. This law takes particular cognizance of harassment, where it occurs with a view to coercing the wife, or any person related to her, to meet any unlawful demand regarding any property or valuable security, or occurs on account of failure by her, or any person related to her, to meet such a demand.

However, no punitive provisions were added for those making false allegations or exaggerated claims.

There is, of course, the law against perjury (lying on oath). But in India, the courts expect people to prevaricate and lawyers routinely encourage people to make false claims because such stratagems are assumed to be part of the legal game in India. Therefore, the law against perjury has hardly ever been invoked in India. Section 406, to be invoked by the woman to file cases against her husband and in-laws for retrieval of her dowry prescribes imprisonment of upto three years for criminal breach of trust. Often, highly exaggerated or bogus claims are made by unscrupulous families who demand the return of more than was given as ‘stridhan’, using the draconian sections 498A and section 406 of the IPC as a bargaining tool.

What do we seek here-----------------------------------------------------

1. We seek your support to upholding the "..due process of law..".

2. A matrimonial dispute if essentially CIVIL in nature. This should NOT be dealt with by police who handle criminal complaints. Civil disputes like matrimonial disputes are to be handle by marriage councelors or family courts

3. A due process of law shall be followed i.e. NO ONE should be arrested for a matrimonial dispute, UNLESS the case has been fully inquired into. i.e. Section 498A should be bailable. Any arrest should be made ONLY WITH A WARRANT !

4. There shall be stringent punishment FOR THOSE INDULGING IN FALSE COMPLAINTS. They are wasting the precious time and resources of the police and indulging in wasting tax payers money by clogging the Judiciary and Police with false and frivolous cases

5. Elderly parents, sisters and OTHER FAMILY MEMBERS should NOT BE ARRESTED unless the complete inquiry is orders

In effect we are fighting for upholding natural justice and the due process of law - a proper trial BEFORE any arrest

We request you to sign this petition and circulate it to as many people as possible